Facts

Plaintiff Leslie Walker and his three siblings, Jacqueline Gray, Timothy Gray and Thelma Walker owner a house in San Francisco. On March 7, 2003, Timothy Gray and Thelma Walker filed a petition against Jacqueline Gray, to have the trust which owned the property declared invalid. Later in mediation, the siblings agreed that Jacqueline Gray would convey title to the siblings equally as tenants in common as well as paying rent for occupying the property.

Plaintiff alleged that Jacqueline Gray failed to convey title and to pay rent under the settlement agreement, but instead paid the entire rent to defendant Timothy Gray.

Plaintiff sued seeking partition of the property as well as an accounting.

Result

The court found that plaintiff was entitled to $1,112 in rent and that defendant Jacqueline Gray had not materially breached the settlement agreement, leaving intact plaintiff's waiver of any right to partition.

Other Information

FILING DATE: June 1, 2005.